From Foreign Worker to Permanent Resident

According to the Calgary Harold, on July 20, Thomas Lukaszuk, the province’s employment and immigration minister, had this to say about the temporary foreign worker program:

In my opinion, it was a program that had fulfilled its mandate, (by) suddenly providing a large number of workers to an economy that suddenly had a massive shortage of workers.

It’s not working well now. It’s a temporary solution to a permanent problem.

Lukaszuk goes on to note that many of the province’s temporary foreign workers want to stay beyond the duration of their work permit, however, because the temporary program is not supposed to be a gateway to long-term residency, the same employers keep on hiring new foreign workers for the same jobs.

Why not consider some permanency (for) this workforce. I always joke the only group that really benefits from the current temporary foreign worker program is Air Canada, because they’re flying people in and out

There are in fact several ways for a temporary foreign workers in Alberta to achieve permanent residence.  These include:

  • Applying for permanent residence under the Canada Experience Class.  This program is practically designed for temporary foreign workers. Indeed, CIC’s website introduces the program by saying “if you are a temporary foreign worker….”  To be eligible, the temporary foreign worker must have at least two years of full-time (or equivilant) work experience in a managerial, professional, or technical / skilled trades occupation, be proficient in either English or French, and currently be in Canada.
  • Applying under the Alberta PNP Program. According to the FAQ on the Alberta PNP website:

I have an employee who is a temporary foreign worker and I would like to retain him or her for a permanent position. Does the AINP accept applications for candidates who are temporary foreign workers?

Yes. The temporary foreign worker must be working in an occupation listed under the National Occupational Classification (NOC) Code in Skill Levels 0, A, B. In addition, some NOC C and D occupations are also eligible under the AINP. Please visit the Semi-Skilled Worker section of the website for information on eligible NOC C and D occupations.

Our firm constantly looks at ways of moving British Columbian  temporary foreign workers out of the “temporary” category and into the “permanent”.  My guess is that most Alberta law firms do as well, and temporary works in Alberta should know that there may be options for them to become permanent residents.

Decline in Chinese Immigration to British Columbia : 渥京改政策 省推薦名額增

On Tuesday, June 29th, I was quoted in Ming Pao, Vancouver’s largest Chinese daily newspaper.

另一本地移民律師辛湉王(Steven Meurrens)則認為,技術移民及新推出的加拿大經驗類別(Canadian Experience)移民均甚多限制,有意申請人士最好另走他途,他認為PNP仍是移民最快增長點,但許多人對PNP仍認識不夠。

辛湉王 續稱,雖然近日投資移民的投資額及資產額都提高了一倍,但聯邦及省府均有充分信心,認為投資移民金額提高一倍不會影響申請人數,這是政府迅速增加收入的有 效途徑。

My comments were a response to recent Chinese immigration trends to British Columbia.

The interviewer wanted to know my response to the following statistics compiled by BC Stats:


Family Refugee FSWP PNP LIC Entrepreneur Investor Other Total
2009 2,269 59 1,702 872 73 101 3,977 322 9,375
2008 1,957 43 3,235 654 32 120 3,712 161 9,914
2007 2,387 90 2,872 369 6 222 2,162 151 8,259
2006 2,412 147 4,795 229 8 259 2,894 186 10,930
2005 2,065 210 7,749 52 3 209 3,306 94 13,688

It is clear that in the 2005 to 2009 period there has been a decline in PRC immigrants to British Columbia. This certainly runs counter to popular myth.

Second, that decline can be largely explained in the near collapse of immigrants under the Federal Skilled Worker Program (“FSWP“).  This decline has occurred across Canada, and is not limited to China.

Third, there has been a huge increase in the amount of immigrants under the Provincial Nominee Program.

I was also asked whether I thought that there was a deliberate effort on the part of Citizenship and Immigration Canada to keep Chinese people out. I think that the answer is clear that except for the FSWP the amount of Chinese immigrants in the other categories remain steady.  Some have speculated that this is due to Chinese people failing to meet the language requirements. In my opinion, if this were the case, then there would have ALWAYS been a low acceptance rate. Surely the amount of Chinese people that are proficient in English is equal to, if not higher than, the amount that could speak English in 2005.

The FSWP has long been in decline. The recent reduction of the amount of eligible occupations and the placing of a cap on these occupations are all signs that this will continue.

Prospective immigrants should thus seriously consider the Provincial Nominee Program.

IELTS Tests Mandatory for British and French

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Yes. Just what are they speaking in England?  Apparently, Citizenship and Immigration Canada (“CIC“) is not too sure, and will now be requiring that all British people and French people take language tests to prove that they speak either English or French if the immigration program that they are using requires proof of language.

So to the people of England, you may have invented the language, but as your former colony, we’re putting you on notice that we’re not quite sure how well you speak it.

And to the international student who graduated from a Canadian university with a honours degree in English, well, we’re sorry, but we’re not confident that our universities know how to teach the language.

Imagine the scene at the reception area of a French testing center in Paris where Parisians have to pay and sit an exam to prove that their French is sufficient for Quebec.

And to those that have said that this brings Canada in line with the practices of our “competitors,” including the United Kingdom, Australia, and New Zealand, a quick glance at their laws reveals that no it doesn’t.

Australia exempts applicant’s whose native language is English and who are passport holders of the United States, Canada, the UK, Ireland, or New Zealand.

The UK exempts applicants who are nationals of the United States, Canada, Australia, New Zealand and the former British West Indies from taking language tests.

New Zealand exempts applicants who have a post-secondary qualification taught entirely in English, and applicants who have worked in skilled employment in New Zealand for at least 12 months.

And do you know why these countries have these exemptions? Because it’s so obvious that they’ll pass the English test that they don’t want to insult their potential immigrants by making them pay and sit an English test.

Canadian Experience Class Applicants Must Take the IELTS

Photo by nathan17

The final of today’s series of changes to Canadian immigration law is the introduction of a requirement that Canadian Experience Class applications must be accompanied by the results of the principal applicant’s English or French language proficiency assessment. The same is true for Federal Skilled Workers.

Only test results from a third-party language testing agency designated by the Minister of Citizenship, Immigration and Multiculturalism will be accepted.

No word yet if any of these institutes have been designated:

Live in Care Givers, PNP Acceptance Rates

According to CIC, during the past 12 months the approval rate for different application streams for permanent residence has been as follows:

Immigration Category Approval Rate


Quebec Skilled Workers


Federal Skilled Workers (Pre-C-50)


Federal Skilled Workers (Post C-50)




Self Employed




Provincial Nominees




Canadian Experience Class



Parents and Grandparents


Spouses & Partners


Dependent Children


Family Class (Other)



Government Sponsored Refugees


Private Sponsored Refugees


Refugee Dependents


H&C Applications


FCH – Family Relations – H&C